Expert assistant to constitutional justice M. Mahrus Ali and librarian Hanindyo discussing with interns, Monday (10/7/2024). Photo by MKRI/Bayu.

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JAKARTA (MKRI) – A group of students from the Student Executive Board (BEM) of UIN Maulana Malik Ibrahim Malang, alongside interns from UIN Alauddin Makassar, Bina Nusantara University, Universitas Muhammadiyah Malang, Universitas Padjajaran, and Universitas Terbuka, gathered in the Constitutional Court's delegation room on Monday (October 7, 2024). During the visit, Constitutional Court Assistant Justice M. Mahrus Ali, accompanied by MK librarian Hanindyo, engaged with students in a discussion about the Constitutional Court (MK) and its role in handling regional election disputes. 

Ali noted that the increasing number of laws reviewed by the MK indicates that these laws pose potential problems. Simply put, laws often reviewed by the MK typically contain provisions perceived as detrimental to citizens. Ali acknowledged that nearly all laws enacted by lawmakers have been tested in the MK. The norms being reviewed are diverse, encompassing not just legal issues but also cross-disciplinary concerns. 

"As political products, laws may accommodate various interests, which could potentially conflict with citizens’ constitutional rights. Through the MK, both substantive and procedural aspects of laws can be tested to align with the constitutional rights of citizens," Ali explained. 

He encouraged the students present to consider becoming agents of change by challenging laws they deem constitutionally harmful. He emphasized that this requires clear evidence of constitutional harm as the basis for such challenges. 

Handling Regional Election Disputes 

On the topic of regional election disputes, Ali explained that there are multiple agencies responsible for addressing electoral issues, such as Gakumdu and DKPP. The MK serves as the final authority on disputes over election results. He urged the public to recognize the specific jurisdictions of each institution to ensure efficient resolution of electoral disputes. 

Implementing Constitutional Court Decisions 

During a Q&A session, Nauval from Universitas Muhammadiyah Malang asked how the MK ensures that its decisions go beyond mere normative declarations. Ali responded with examples of MK rulings that protect citizens’ voting rights. 

In one decision, the MK ensured that citizens with an official ID (e-KTP) or proof of applying for an ID could still vote, even if their names were not on the voter list (DPT). Similarly, the MK ruled that former prisoners who had served their sentences and openly disclosed their criminal history should regain their voting rights. 

"This illustrates how the MK ensures citizens' voting rights are fully respected, even under exceptional circumstances," Ali said. 

Legislative Discretion and Justice in MK Decisions 

Nurhidayati from UIN Alauddin Makassar inquired about the MK's approach to balancing legislative discretion with justice, particularly when constitutional boundaries are unclear. Ali explained that while the MK often defers to the legislature, it sets clear guidelines through conditional rulings. 

"These guidelines are intended to help the House of Representative (DPR) refine norms by addressing issues in the legislative process and substance, ensuring alignment with citizens’ constitutional rights," Ali concluded. 

Author            : Sri Pujianti
Editor            : Lulu Anjarsari P.
Translator       : Agusweka Poltak Siregar (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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